The primary purpose of this chapter shall be to obtain compliance with the standardized codes adopted to protect the health, safety, and welfare of the public. To that end, the building official may seek to use the following remedies as may be appropriate to see that these chapter provisions are enforced:
A. Any person who violates any provisions of this chapter, or of the standardized codes adopted pursuant to this chapter is guilty of a misdemeanor.
B. A separate violation is deemed to have occurred with respect to each building or structure not in compliance with the codes adopted herein. Each day such violation occurs or continues will constitute a separate offense.
C. The building official, with the consent of the Dalton Gardens city council, may seek equitable relief from a court of competent jurisdiction to restrain conduct in violation of this chapter or to compel performance of duties established by this chapter. Said equitable remedies may be sought in addition to criminal penalties.
D. The assessment of investigation fees will be one hundred percent (100%) of the actual permit fee and will also apply to mobile manufactured home setting permits.
E. Whenever the building official has determined that an applicant has abandoned the project for which a permit was obtained, or that the applicant has failed to obtain a certificate of occupancy as required by this chapter, or if the building official determines that an applicant has failed to comply, or refuses to comply, with provisions of this chapter, then the building official may issue a notice and order directed to the record owner of the property stating the nature of the noncompliance with this chapter. If the record owner of the property has not provided proof of compliance with this chapter within the time limits established by this chapter, then the building official may file in the office of the county recorder a certificate describing the property and certifying that the property is not in compliance with this chapter and that the owner has been so notified. The building official shall comply with the following procedures before recording a notice and order in the office of the county recorder.
F. The building official may elect to use any, or all, or any combination of, the remedies and penalties set forth in this chapter.
1. Notice And Order: The building official may issue a notice and order to the record owner of the building. The notice and order shall contain the following information:
a. The street address and a legal description sufficient for identification of the premises upon which the building is located.
b. A statement of the building official containing a brief and concise description of the conditions found to render the building or premises in violation of this chapter.
c. A statement of the action required to be taken, as determined by the building official, in order to bring the property into compliance with this chapter.
d. A statement by the building official establishing a reasonable amount of time, not to exceed sixty (60) days from the date of the notice and order, to allow the record owner of the property to take such steps as are necessary in order to bring the property into compliance with this chapter.
e. The notice shall advise that any person(s) having record title or legal interest in the building may appeal from the issuance of the notice and order, in accordance with the procedural provisions set forth in section 1-11-1. The notice shall also indicate that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter, and that an appeal of the building official’s notice and order must be in writing and must be received by the building official within thirty (30) days of the date the notice and order was served.
2. Service Of Notice And Order: The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner of the property. The failure of the building official to serve any person required to be served shall not invalidate any proceedings under this section as to any other person duly served or relieve any person from any duty or obligation imposed on him by the provision of this chapter. Service may be made by delivering the notice and order by:
a. Delivering the notice and order in person to the record owner; or
b. Delivering the notice and order upon an agent or employee of the property owner; or
c. Delivering the notice and order upon an adult performing work upon the property; or
d. Posting the notice and order in a conspicuous location upon the property; or
e. Placing it in the U.S. Mail postage prepaid and mailing it to the owner of record or its registered agent; or
f. Private courier service delivered to the owner of record or its registered agent; or
g. Electronic means including but not limited to electronic mail, text or social media; or
h. Publication in the official city newspaper; or an other means reasonably calculated to provide notice of the order and notice.
3. Method Of Service: Service of the notice and order shall be made upon all persons either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each person entitled to notice at his address as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of the person so appears or is known to the building official, then a copy of the notice and order shall be mailed, addressed to the person, at the address of the building involved in the proceeding. Service by certified mail in the manner provided by this chapter shall be effective on the date of mailing.
4. Proof Of Service: Proof of service of the notice and order shall be certified at the time of service by a written affidavit, under penalty of perjury, by the person(s) performing service and indicating the time, date and manner in which service was made. This affidavit, together with a receipt card returned in acknowledgment of receipt by certified mail, shall be retained by the building official.
5. Recordation Of Notice And Order: If the building official's notice and order is not complied with within the time specified, and no appeal has been properly and timely filed, the building official may file in the office of the county recorder, a certificate describing the property and certifying that the building is not in compliance with this chapter and that the record owner has been notified of the noncompliance. The certificate shall also contain a brief and concise description of the nature of the noncompliance and shall include a statement of the actions required, if any, which must be taken in order to bring the building into compliance with this chapter.
6. Release Of Notice And Order: Whenever the building official has determined that the conditions which caused the building to fail to comply with this chapter have been corrected, the building official shall file a new certificate with the office of the county recorder certifying that the previously recorded notice and order shall be released and that all required corrections have been made so that the property is in compliance with this chapter. (Ord. 248, 7-5-2016; amd. Ord. 264, 3-5-2020)